The Congress rejected on Thursday the amendments proposed by the PP and Vox to return the Government’s reform aimed at modifying the procedure for determining the age of unaccompanied migrant minors.
The Government brought forward two regulations for joint processing in the Lower House. The first assigns the competence of the process, in general, to specialized Family Courts of First Instance or, in the absence of specialization, to the court designated by the distribution rotation.
The protocol to be followed in the procedure is governed by the principle of the best interest of the child, the presumption of minority, the right to be heard and participate in the procedure, the prohibition of invasive tests and full nudity, and the specialization of the professionals involved. The project includes the intervention of the Public Prosecutor’s Office and can only be initiated when the person claiming minority is undocumented or there are reasons to challenge the validity of the documentation provided.
The second rule specifies that the determination of age will be the responsibility of the Juvenile Court when the person is detained for alleged involvement in a criminal offense and there is reasonable doubt about their minority or majority.
In defense of the regulation, the Minister of the Presidency, Justice, and Relations with the Courts, Félix Bolaños, acknowledged that the Government’s reform may cause «concern» in regions with migratory pressure. However, he promised agility.
«The Government is fully aware that this new regulation, which guarantees the rights of minors, may cause concern in some regions with special migratory pressure and that there may be fears of longer processing times due to the approval of these rules,» Bolaños stated in the Plenary. This Government reform was approved by the Council of Ministers in November of last year.
However, the minister committed to ensuring that judicial procedures are «swift» and to consider «all the demands and issues raised by regions with special migratory pressure.» In particular, he referred to the Canary Islands, Ceuta, and Melilla.
«Therefore, I want to convey the Government’s willingness to provide sufficient resources to the Administration of Justice in line with what the efficiency law of the Public Justice Service is already entailing so that there are no unjustified delays in the determination of minors’ age,» he emphasized.
Likewise, he found it «difficult» to understand why two total amendments had been submitted to these texts. He also indicated that the PP and Vox should not be concerned about a judge, with the necessary guarantees, determining who are minors and, therefore, who can be accommodated in the system.
«I believe that the fundamental debate brought to this procedure, to this debate on totality, in the end, we are talking about the core of democracy. That is, if the core of our democracy is rights or, on the contrary, exclusion, the attempt at exclusion, even cruelty to precisely the most vulnerable, who are minors,» he pointed out.
Bolaños also defended that the approved bills aim to «protect and guarantee the rights of minors in age determination processes,» thus fulfilling the recommendations of international organizations in this matter.
Meanwhile, the Congress groups rejected the total amendments proposed by the PP and Vox in the debate. Additionally, the PSOE partners in the Government expressed doubts about the Government’s reform.
PP SEES «DEFICIENCIES» AND «SHORTCOMINGS» IN THE GOVERNMENT’S REFORM
From the PP, Sofía Acedo highlighted the «deficiencies» and «shortcomings» of the Government’s reform in the face of a moment of migratory crisis. In this regard, she stated that the age determination procedure «without certain and real deadlines, without delimitation of actions, and without funding to carry it out, will not guarantee the rights or protection of minors.»
Likewise, she pointed out that the Government’s reform will have a «direct impact» on the management and care of migrant minors, in migration policy in general terms. She also warned that this modification will represent an «unprecedented burden» on the autonomous protection systems. In this sense, Acedo also referred to family courts, which «already require greater resources.»
On the other hand, Francisco Javier Ortega from Vox stated that the Government’s reform is a «trap» that seeks to «whiten» the «problem» of irregular migration. He also warned that these bills will lead to collapse, increased litigation, and operational inefficiency. He explained that the Government’s reform will cause «greater collapse» in the courts, which he said already have a significant lack of human and material resources. «Therefore, it will lead to further delays in judicial matters,» he assured, adding that it will be the Spanish people who pay for it.
He also warned that this situation of «legal uncertainty» and indeterminacy in age will also lead to «greater crime and greater insecurity.» Furthermore, he emphasized that it will increase the «pull factor.»
Socialist Emilia Almodóvar accused the PP of «bargaining» with the rights of minors and reproached them for not working on an alternative text. «Their only contribution is asking for money for their autonomous communities,» she emphasized.
On the other hand, Nahuel González from Sumar urged not to leave the future of minors «in the hands of a bunch of racists who do not care about the rights of children.» «Let’s rise to the occasion, protect each migrant minor as a promise, combat racism, because when we combat it, we not only defend their rights, but save our own humanity,» he pointed out.
From Podemos, the deputy Martina Velarde indicated that it is «very important» to develop this government reform, but added that it is «highly improvable» because «in some aspects it does not improve the current situation but sometimes worsens it.» She also announced that the ‘purple’ party will present amendments to ensure that the text guarantees the «effective» judicial protection of minors and is adapted to the situation in territories like the Canary Islands.
Cristina Valido from Coalición Canaria noted that the reform raises concerns about the risk of leading to «greater delays.» Thus, she called for consideration of the exceptional nature of border territories, their situation, and the saturation of centers.
Mikel Legarda from the PNV stated that a model change like the one proposed by the Government should have a gradual implementation plan starting in those territories that suffer the least from the overpopulation of unaccompanied foreign minors.
Meanwhile, Josep Pagés from Junts advanced that if the change in the age determination procedure is not accompanied by «sufficient» economic resources to finance the necessary human and technical resources, «the effects of the law will be contrary to the objective of protecting minors.» Jordi Salvador from ERC also stated that the Government’s reform «leaves many doors open to systematic distrust against migrant children.»
FUENTE